About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

5 Issue 1 Indian J.L. & Legal Rsch. 1 (2023)
Nature of Conciliation Process and Conciliator's Duties and Power

handle is hein.journals/injlolw10 and id is 3065 raw text is: 
Indian Journal of Law and Legal Research


           NATURE OF CONCILIATION PROCESS AND

               CONCILIATOR'S DUTIES AND POWER

               Pragnya Paramita Mohanty, SOA National Institute of Law, Bhubaneswar




INTRODUCTION:


The judiciary system plays an important role in comparison to executive and legislation to
dispose various types of disputes and cases in India. Nowadays Indian judiciary system is
flooded with many cases, so generally it takes a decade for a layman for finding proper justice.
The word  conciliation is not defined in the Arbitration and Conciliation Act. This Arbitration
act covers both domestic and international disputes with regard to the conciliation form. In
India it has been seen that the use of amicable settlement presented from the historical time.

Arbitration and conciliation are the mechanism of the justice system. These are developed
because there are Law efficiency present in our judiciary system, and whether it's a civil case
or criminal case the results and justice are coming behind the schedule. For these complications
conciliation and arbitration came into the picture, both the mechanisms are used for resolving
the problems, for time-saving and to provide quick resolution to the parties to the dispute.


CONCILIATION PROCESS: -

Conciliation process is undoubtedly the most effective and accepted process for the dispute
resolution programme. It is generally the process of setting up the disputes without Court of
law/litigation. The concept of conciliation was introduced in the Industrial dispute act in 1947.
This process generally conducted by an officer appointed by the Government. Conciliation is
a method  of resolving disputes where an independent person helps both parties to come at
negotiated settlement. Here the parties to the dispute make an amicable settlement with their
mutual consent. Conciliation is an interest based confidential process. This process is used
around the world, it's a very favourable way out of the court, in which the adjudication
authority has no binding power. This is the process in which both parties' conditions are taken
into consideration and it's not enforceable. In this process if a person or one party is not ready
to accept the results arising from the concerned disputes then he can simply deny to the


Page: 1


Volume V Issue I I ISSN: 2582-8878

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most